Commercial Audio Solutions Limited Terms & Conditions of Sale
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
This site is owned and operated by Commercial Audio Solutions Ltd of The Old Barn, Whitecroft Farm, Station Road, Strines, Derbyshire, SK22 3AH. This is also our registered address and our Company Registration number in England and Wales is 4770217.
If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@commercialaudiosolutions.com or by telephone on 01663 767888.
Business to Business – Online terms and conditions between Commercial Audio Solutions Ltd and a business for the sale of goods.
1. All orders and goods are supplied subject to the following express terms and conditions. No variation of these conditions or of any quotation or contract arising forthwith shall be valid unless previously agreed in writing by a Director of the Company. ( Commercial Audio Solutions Ltd. )
2. All orders are accepted for delivery at the price quoted, and accepted by the purchaser, and within the stated delivery period. All prices quoted, are based on ‘Ex-Works’ and are subject to carriage charges and VAT at the current rate. Any carriage or freight cost is always charged to the purchaser ‘at cost’. The sellers reserve the right to change their prices without prior notice. The seller’s terms and conditions shall overrule any other conditions. We endeavour to despatch all orders within the stipulated period or, if no stipulated period, within a reasonable time. We shall be under no liability for any loss or damage to the purchaser or others, arising either directly, or indirectly of any such late despatch or delivery, whether due to our default or not. Neither shall any such late despatch or delivery be deemed to be a breach of contract, nor entitle the Purchaser to cancel the contract.
3. Where a credit account is operated and unless otherwise agreed in writing, payment shall be made by the customer within 30 days from the date of invoice. No discount is allowable unless previously agreed in writing by the sellers, and the account is paid within terms. If an account is overdue, further supplies will be withheld until payment in full is made. Property of the goods shall not pass to the customer until the whole amount due in respect of such goods is paid to the sellers. Companies wishing to operate a trade Credit Account must provide the name and address of their banker, complete with the branch and account code number, together with three trade references. If any customer provides credit card details, payment for goods, including overdue amounts on a trade credit account can, and will be taken on a ‘cardholder not present’ basis, without the need for further communication between seller and purchaser.
4. Where payment for the goods is overdue, the sellers or its agent may at any time in normal business hours enter upon any premises owned or occupied by the customer for the purposes of taking possession of the said goods or products of the said goods, and the customer shall afford the sellers all reasonable facilities ( including the inspection of records, bank statements etc.) for the purpose of tracing the said goods or products of the proceeds of sale thereof.
5. If payment is not made to the sellers in accordance with clause 3, the customer shall be liable to pay the original invoice amount due plus a service charge of 3 % compound per 30 days or part thereof upon so much of the original invoice amount that from time to time remains due until payment shall be made in full.
6. Ownership of the goods shall pass to the purchaser, only after full payment relating to the contract has been paid by the purchaser, and received by the seller. After delivery of the goods to the purchaser and pending payment thereof, the purchaser shall hold the goods as bailee for the seller and notwithstanding that the property in the goods has not passed to him they shall be at the purchasers risk and the seller shall always be entitled to call for their return, or payment thereof notwithstanding their loss or destruction.
7. A warranty period of 1 year (unless stated differently) from date of despatch shall cover goods or products supplied by the seller. If within this period there is found to be any defect due to defective manufacture or bad workmanship, the sellers shall at their option repair or replace the equipment or defective component. The Customer is required to examine, test and inspect all goods on receipt and notify the sellers within 7 days of any defect. Damage in transit or quantity discrepancies upon receipt of goods must be reported within 48 hours. Misuse of the goods or products in any form shall not be covered by this warranty, any modification or repair carried out by the Customer shall not be covered by this warranty. We shall not replace goods if modification is carried out by the purchaser or his agents or others without the previous written consent of the sellers. We shall not replace the goods if the faults or damage was caused by fair wear and tear, accident, incorrect or negligent handling, disregard of operating instructions, overloading being unsuitable for the requirement, or any other default by the purchaser or his agents or others, beyond our control occurring after the date of arrival.
8. Without prejudice, we shall not be liable for any consequential loss or damage suffered by the purchaser, including but without limitations, delay, loss of production, loss of profits, loss of or damage to other property or goods and death or injury to persons, nor shall we be liable for any loss or damage capable of being covered by insurance.
9. The return of any goods, components or equipment will not be accepted by the sellers unless they shall have previously been agreed in writing to the return of said goods or equipment. Any goods returned under these strict conditions, cost of carriage, insurance etc shall be at the purchasers account. Should goods be returned for credit, a 20% handling charge will apply.
10. Every effort has been made to ensure the accuracy of technical data shown in the company’s literature, the company does not however accept any responsibility for any errors or omissions. The company reserves the right to alter any specification without prior notice.
11. The operation of equipment with record players, tape players, compact disc players, radios, or radio microphones in Public, is subject to licence. It is the responsibility of the end user to obtain the necessary licences prior to broadcast.
12. These conditions shall be governed and construed in accordance with English Law.
Use and Collection of Business / Personal Information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
- To register you with our website and to administer it.
- For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
GDPR Data Subject Access Request Form
If you do not want us to use data in this way or would like to see any data we may hold about you, please contact us by email at sales@commercialaudiosolutions.com.
We may disclose your business / personal information to third parties:
- In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
- If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Business to Consumer – Online terms and conditions between Commercial Audio Solutions Ltd and a consumer for the sale of goods.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Commercial Audio Solutions Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. Price
The prices payable for goods that you order are as set out on our website. All prices are exclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges vary according to the type of goods ordered.
11. Delivery
11.1 Our delivery charges are set out on the ‘Delivery’ page of our website.
11.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
11.3 Please note that we are only able to deliver to addresses within the United Kingdom, but deliveries to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles may incur a surcharge.
11.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
13. Cancellation rights / Refunds
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15. If there is a problem with the goods
15.1 If you have any questions or complaints about the goods please contact us. You can contact us by telephone on 01663 767888 or email at sales@commercialaudiosolutions.com.
15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
16. Liability
16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
17. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from time to time.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
20. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
22. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
PRIVACY STATEMENT
We, Commercial Audio Solutions Ltd, are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and Collection of Personal Information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
- To register you with our website and to administer it.
- For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
GDPR Data Subject Access Request Form
If you do not want us to use data in this way or would like to see any data we may hold about you, please contact us by email at sales@commercialaudiosolutions.com.
We may disclose your personal information to third parties:
- In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
- If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Cookies
We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is 01663 767888, or you can e-mail us at sales@commercialaudiosolutions.com.
Security
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will not disclose your information to any third party for such purpose.
General
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10.
CANCELLATION FORM
You are welcome to copy and paste the following into your own document or email in order to contact us about a cancelled order.
To: Commercial Audio Solutions Ltd, The Old Barn, Whitecroft Farm, Station Road, Strines, Derbyshire, SK22 3AH.
Email: sales@commercialaudiosolutions.com
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:
Ordered on*/Received on*: ……………………………………………….
Name of consumer(s): ……………………………………………….
Address of consumer(s): ……………………………………………….
……………………………………………….
Signature of consumer(s): ………………………………………………. (only if this form is notified on paper)
Date: ……………………………………………….
*Delete as appropriate